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HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (30) DATE: June 18, 2003 TO: City Council FROM: Director of Planning and Zoning SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT STATEMENT RECOMMENDATIONS RECOMMENDATION: That the City Council consider adopting the attached Resolution and Recommendations regarding the Santa Rosa and San Jacinto Mountains National Monument Plan. BACKGROUND: The City Council, at its meeting of December 01, 1999 adopted Resolution No. 19694 regarding the proposed National Monument designation. Subsequently, on December 08, 1999 the Tribal Council and City Council met and discussed this issue. Both Councils directed their staffs to draft a joint resolution and develop a recommended boundary map. The approved National Monument legislation is Attachment No. 1 to this report. Key recommendations regarding effect on private property,buffers,development of private land, and National Monument Boundaries were incorporated into the Santa Rosa and San Jacinto Mountains National Monument Act of 2000. The National Monument Plan provides a planning framework for developing a future Strategic Plan and management decisions. Staff's review and recommendations have focused upon specific issues which effect Palm Springs, its General Plan, and future development opportunities within and adjacent to the National Monument. City staff has encouraged key private land owners to review and submit comments on the plan. Additionally, staff has attended several meetings with Bureau of Land Management staff. Mr. Frank Bogert was appointed by the Secretary of the Interior to represent Palm Springs. Mr. Bogert has attended a number of Steering Committee meetings over the past several years. Staff has met with Mr. Bogert to discuss his observations and concerns. The Resolution and Exhibit A focus on the following issues and recommendations: • Draft Coachella Valley Multi-Species Habitat Conservation Plan allows issuance of take permits and the National Monument Plan needs to clearly reflect this. • The National Monument Plan needs to reflect and clearly state that the National Monument Act of 2000 clearly states that it does not affect private land, municipal plans, and the rights to develop private property within and adjacent to the National Monument. • The City encourages Bureau of Land Management to continue to evaluate hiking, equestrian, mountain bike, and restrictions regarding dogs. Any restrictions must be based upon documented adverse impacts and ongoing monitoring is the preferred management strategy. • The City encourages the Bureau of Land Management to add a section to the National Monument Plan which encourages use of the Palm Springs Visitors Center as a National Monument Visitors Center. Future funding and grant opportunities �� should be supported by the National Monument Plan. • The National Monument Plan needs to clearly outline, assess, and acknowledge areas within and adjacent to the National Monument which maybe developed in the future (Palm Hills, Canyon Hotel, Chino Canyon (Shadow Rock)). • The National Monument Plan recommends that hang gliding and recreational paint ball activities be prohibited in the National Monument. Staff recommends that the City Council support these prohibitions. If adopted by the City Council, the Resolution and Exhibit A will be submitted to the Bureau of Land Management. The public comment period ends on June 19, 2003. Director of P nning and Zoning City Manager ATTACHMENTS: 1. Santa Rosa and San Jacinto Mountains National Monument Plan Act of 2000. 2. Executive Summary (previously provided). 3. Resolution and Exhibit A Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management PlanIDEIS Appendices 114 STAT. 1362 PUBLIC LAW 106-35 1—OCT. 24, 2000 li Public Law 106-351 106th Congress An Act Oct.24,2000 To establish the Santa Rosa and San Jacinto Mountains National Monument in [H.R. 36761 the State of California. Be it enacted by the Senate and House of Representatives of Santa Rosa and the United States of America in Congress assembled, San Jacinto SECTION 1.SHORT TITLE;TABLE OF CONTENTS. Mountains National (a) SHORT TITLE.—This Act may be cited as the "Santa Rosa Monument Act of 2000. and San Jacinto Mountains National Monument Act of 2000". 16 USC 431 note. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title;table of contents. Sec. 2. Establishment of Santa Rosa and San Jacinto Mountains National Monu- ment,California. Sec. 3. Management of Federal lands in the National Monument. See. 4. Development of management plan. Sec. 5. Existing and historical uses of Federal lands included in Monument. See. 6. Acquisition of land. Sec. 7. Local advisory committee. Sec. 8. Authorization of appropriations. SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN JACINTO MOUN- TAINS NATIONAL MONUMENT,CALIFORNIA- (a)FINDINGS.—Congress finds the following: (1)The Santa Rosa and San Jacinto Mountains in southern California contain nationally significant biological, cultural, rec- reational, geological, educational, and scientific values. (2)The magnificent vistas, wildlife, land forms, and natural and cultural resources of these mountains occupy a unique and challenging position given their proximity to highly urban- ized areas of the Coachella Valley. (3) These mountains, which rise abruptly from the desert floor to an elevation of 10,802 feet, provide a picturesque back- drop for Coachella Valley communities and support an abun- dance of recreational opportunities that are an important regional economic resource. (4) These mountains have special cultural value to the Agua Caliente Band of Cahuilla. Indians, containing significant cultural sites, including village sites, trails, petroglyphs, and other evidence of their habitation. (5)The designation of a Santa Rosa and San Jacinto Moun- tains National Monument by this Act is not intended to impact upon existing or future growth in the Coachella Valley. (6) Because the areas immediately surrounding the new National Monument are densely populated and urbanized, it is anticipated that certain activities or uses on private lands outside of the National Monument may have some impact upon Appendices A-2 ZA3 Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices PUBLIC LAW 106-351—OCT. 24, 2000 114 STAT. 1363 the National Monument, and Congress does not intend, directly or indirectly, that additional regulations be imposed on such uses or activities as long as they are consistent with other applicable law. (7) The Bureau of Land Management and the Forest Service should work cooperatively in the management of the National Monument. (b) ESTABLISHMENT AND PURPOSES.—In order to preserve the nationally significant biological, cultural, recreational, geological, educational, and scientific values found in the Santa Rosa and San Jacinto Mountains and to secure now and for future generations the opportunity to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains and to recreate therein, there is hereby designated the Santa Rosa and San Jacinto Mountains National Monument (in this Act referred to as the"National Monument"). (c) BOUNDARIES.—The National Monument shall consist of Fed- eral lands and Federal interests in lands located within the bound- aries depicted on a series of 24 maps entitled "Boundary Map, Santa Rosa and San Jacinto National Monument", 23 of which are dated May 6, 2000, and depict separate townships and one of which is dated June 22, 2000, and depicts the overall boundaries. (d)LEGAL DESCRIPTIONS; CORRECTION OF ERRORS.— (1) PREPARATION AND SUBMISSION.—As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall use the map referred to in subsection (c) to prepare legal descriptions of the boundaries of the National Monument. The Secretary shall submit the resulting legal descriptions to the Committee on Resources and the Com- mittee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) LEGAL EFFECT.—The map and legal descriptions of the National Monument shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal descriptions, The map shall be on file and available for Public inspection. public inspection in appropriate offices of the Bureau of Land Management and the Forest Service. SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NATIONAL MONU- MENT. (a) BASIS OF MANAGEMENT.—The Secretary of the Interior and the Secretary of Agriculture shall manage the National Monument to protect the resources of the National Monument, and shall allow only those uses of the National Monument that further the purposes for the establishment of the National Monument, in accordance with— (1)this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (3) the Forest and Rangeland Renewable Resources Plan- ning Act of 1974 (16 U.S.C. 1600 et seq.) and ,section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a); and (4) other applicable provisions of law. a 8 � y Appendices A-3 x Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices 114 STAT. 1364 PUBLIC LAW 106-351—OCT. 24, 2000 (b) ADMINISTRATION OF SUBSEQUENTLY ACQUIRED LANDS.— Lands or interests in lands within the boundaries of the National Monument that are acquired by the Bureau of Land Management after the date of the enactment of this Act shall be managed by the Secretary of the Interior. Lands or interests in lands within the boundaries of the National Monument that are acquired by the Forest Service after the date of the enactment of this Act shall be managed by the Secretary of Agriculture. (c) PROTECTION OF RESERVATION, STATE, AND PRIVATE LANDS AND INTERESTS.—Nothing in the establishment of the National Monument shall affect any property rights of any Indian reserva- tion, any individually held trust lands, any other Indian allotments, any lands or interests in lands held by the State of California, any political subdivision of the State of California, any special district, or the Mount San Jacinto Winter Park Authority, or any private property rights within the boundaries of the National Monu- ment. Establishment of the National Monument shall not grant the Secretary of the Interior or the Secretary of Agriculture any new authority on or over non-Federal lands not already provided by law. The authority of the Secretary of the Interior and the Secretary of Agriculture under this Act extends only to Federal lands and Federal interests in lands included in the National Monu- ment. (d) EXISTING RIGHTS.—The management of the National Monu- ment shall be subject to valid existing rights. (e)NO BUFFER ZONES AROUND NATIONAL MONUMENT.-Because the National Monument is established in a highly urbanized area— (1) the establishment of the National Monument shall not lead to the creation of express or implied protective perimeters or buffer zones around the National Monument; (2) an activity on, or use of, private lands up to the bound- aries of the National Monument shall not be precluded because of the monument designation, if the activity or use is consistent with other applicable law; and (3) an activity on, or use of, private lands, if the activity or use is consistent with other applicable law, shall not be directly or indirectly subject to additional regulation because of the designation of the National Monument. (f) AIR AND WATER QUALITY.—Nothing in this Act shall be construed to change standards governing air or water quality out- side of the designated area of the National Monument. SEC.4.DEVELOPMENT OF MANAGEMENT PLAN. (a)DEVELOPMENT REQUIRED.- Deadline. (1) IN GENERAL.—Not later than 3 years after of the date _ of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall complete a management plan for the conservation and protection of the National Monu- ment consistent with the requirements of section 3(a). The Secretaries shall submit the management plan to Congress before it is made public. (2) MANAGEMENT PENDING COMPLETION.-Pending comple- tion of the management plan for the National Monument, the Secretaries shall manage Federal lands and interests in lands within the National Monument substantially consistent with current uses occurring on such lands and under the general guidelines and authorities of the existing management plans �� Ad Appendices A-4 Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices PUBLIC LAW 106-351—OCT. 24, 2000 114 STAT. 1365 of the Forest Service and the Bureau of Land Management for such lands, in a manner consistent with other applicable Federal law. (3) RELATION TO OTHER AUTHORITIES.—Nothing in this sub- section shall preclude the Secretaries, during the preparation of the management plan, from implementing subsections (b) and (i) of section 5. Nothing in this section shall be construed to diminish or alter existing authorities applicable to Federal lands included in the National Monument. (b)CONSULTATION AND COOPERATION.— (1) IN GENERAL.—The Secretaries shall prepare and imple- ment the management plan required by subsection(a)in accord- ance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and in consultation with the local advisory committee established pursuant to section 7 and, to the extent practicable, interested owners of private property and holders of valid existing rights located within the boundaries of the National Monument. Such consultation shall be on a periodic and regular basis. (2)AGUA CALIENTE BAND OF CAHUILLA INDIANS.—The Secre- taries shall make a special effort to consult with representatives of the Agua Caliente Band of Cahuilla Indians regarding the management plan during the preparation and implementation of the plan. (3) WINTER PARK AUTHORITY.—The management plan shall consider the mission of the Mount San Jacinto Winter Park Authority to make accessible to current and future generations the natural and recreational treasures of the Mount San Jacinto State Park and the National Monument. Establishment and management of the National Monument shall not be construed to interfere with the mission or powers of the Mount San Jacinto Winter Park Authority, as provided for in the Mount San Jacinto Winter Park Authority Act of the State of Cali- fornia. (e)COOPERATIVE AGREEMENTS.— (1)GENERAL AUTHORITY.—Consistent with the management plan and existing authorities, the Secretaries may enter into cooperative agreements and shared management arrangements, which may include special use permits with any person, including the Agua Caliente Band of Cahuilla Indians, for the purposes of management, interpretation, and research and education regarding the resources of the National Monument. (2)USE OF CERTAIN LANDS BY UNIVERSITY OF CALIFORNIA.— In the case of any agreement with the University of California in existence as of the date of the enactment of this Act relating to the University's use of certain Federal land within the National Monument, the Secretaries shall, consistent with the management plan and existing authorities, either revise the agreement or enter into a new agreement as may be necessary to ensure its consistency with this Act. SEC. 5. E%ISTING AND HISTORICAL USES OF FEDERAL LAND$ INCLUDED IN MONUMENT. �: 1�'�3J::i*7!�t_ F:`]7:TT7-+.r 4JY.>SYX✓,3:.:[,'i;s, ff>:.:sgY�:ri:�, plan required by section 4(a) shall include provisions to continue to authorize the recreational use of the National Monument, including such recreational uses as hiking, camping, mountain Appendices A-5 Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices 114 STAT. 1366 PUBLIC LAW 106-351—OCT. 24, 2000 biking, sightseeing, and horseback riding, as long as such rec- reational use is consistent with this Act and other applicable law. (b) MOTORIZED VEHICLES.—Except where or when needed for administrative purposes or to respond to an emergency, use of motorized vehicles in the National Monument shall be permitted only on roads and trails designated for use of motorized vehicles as part of the management plan. (c)BUNTING,TRAPPING,AND FISHING.— (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of the Intenor and the Secretary of Agriculture shall permit hunting, trapping, and fishing within the National Monument in accordance with applicable laws (including regu- lations)of the United States and the State of California. (2) REGULATIONS.—The Secretaries, after consultation with the California Department of Fish and Game, may issue regula- tions designating zones where, and establishing periods when, no hunting, trapping, or fishing will be permitted in the 2 National Monument for reasons of public safety, administration, s or public use and enjoyment. (d) ACCESS TO STATE AND PRIVATE LANDS.—The Secretaries shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the National Monument, which will provide the owner of the land or the holder of the interest the reasonable use and enjoyment of the land or interest, as the case may be. (e) UTILITIES.—Nothing in this Act shall have the effect of terminating any valid existing right-of-way within the Monument. The management plan prepared for the National Monument shall address the need for and, as necessary, establish plans for the installation, construction, and maintenance of public utility rights- of-way within the National Monument outside of designated wilder- ness areas. (f) MAINTENANCE OF ROADS, TRAILS, AND STRUCTURES.—In the r' development of the management plan required by section 4(a), the Secretaries shall address the maintenance of roadways, jeep "J trails, and paths located in the National Monument. (g) GRAzING.—The Secretaries shall issue and administer any grazing leases or permits in the National Monument in accordance !I w th the same laws (including regulations) and Executive orders followed by the Secretaries in issuing and administering grazing leases and permits on other land under the jurisdiction of the Secretaries. Nothing in this Act shall affect the grazing permit of the Wellman family (permittee number 12-55-3) on lands included in the National Monument. (h) OVERFLIGHTS.— (1) GENERAL RULE.—Nothing in this Act or the manage- ment plan prepared for the National Monument shall be con- strued to restrict or preclude overflights, including low-level overflights, over lands in the National Monument, including .military, commercial, and general aviation overflights that can be seen or heard within the National Monument. Nothing in this Act or the management plan shall be construed to restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the National Monument. (2) COMMERCIAL AIR TOUR OPERATION.-Any commercial air tour operation over the National Monument is prohibited 018 Appendices A-6 Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices PUBLIC LAW 106-351—OCT. 24, 2000 114 STAT. 1367 unless such operation was conducted prior to February 16, 2000. For purposes of this paragraph, "commercial air tour operation" means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing. (i)WITHDRAWALS.— (1) IN GENERAL.—Subject to valid existing rights as pro- vided in section 3(d), the Federal lands and interests in lands included within the National Monument are hereby withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the public land mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (2) EXCHANGE.—Paragraph (1)(A) does not apply in the case of— (A) an exchange that the Secretary determines would further the protective purposes of the National Monument; or (B)the exchange provided in section 6(e). SEC.6.ACQUISITION OF LAND. (a) ACQUISITION AUTHORIZED; METHODS.—State, local govern- ment, tribal, and privately held land or interests in land within the boundaries of the National Monument may be acquired for management as part of the National Monument only by— (1) donation; (2)exchange with a willing party; or (3) purchase from a willing seller. (b) USE OF EASEMENTS.—To the extent practicable, and if pre- ferred by a willing landowner, the Secretary of the Interior and the Secretary of Agriculture shall use permanent conservation ease- ments to acquire interests in land in the National Monument in lieu of acquiring land in fee simple and thereby removing land from non-Federal ownership. (e) VALUATION OF PRIVATE PROPERTY.—The United States shall offer the fair market value for any interests or partial interests in land acquired under this section. (d) INCORPORATION OF ACQUIRED LANDS AND INTERESTS.—Any land or interest in lands within the boundaries of the National Monument that is acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the National Monument as provided in section 3(b). (e) LAND EXCHANGE AUTHORIZATION.—In order to support the cooperative management agreement in effect with the Agua Caliente Band of Cahuilla Indians as of the date of the enactment of this Act, the Secretary of the Interior may, without further authorization by law, exchange lands which the Bureau of Land Management has acquired using amounts provided under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.), with the Agua Caliente Band of Cahuilla Indians. Any such land exchange may include the exchange of federally owned property within or outside of the boundaries of the National Monument for property owned by the Agua Caliente Band of Cahuilla Indians within or outside of the boundaries of the National Monument. Appendices A-7 114 STAT. 1368 PUBLIC LAW 106-351-OCT. 24, 2000 The exchanged lands acquired by the Secretary within the bound- aries of the National Monument shall be managed for the purposes described in section 2(b). SEC.7.LOCAL ADVISORY COMMITTEE. (a) ESTABLISHMENT.—The Secretary of the Interior and the Secretary of Agriculture shall jointly establish an advisory com- mittee for the National Monument, whose purpose shall be to advise the Secretaries with respect to the preparation and implementation of the management plan required by section 4. (b) REPRESENTATION.—To the extent practicable, the advisory committee shall include the following members: (1) A representative with expertise in natural science and research selected from a regional college or university. (2) A representative of the California Department of Fish and Game or the California Department of Parks and Recre- ation. (3) A representative of the County of Riverside, California. (4) A representative of each of the following cities: Palm Springs, Cathedral City, Rancho Mirage, La Quinta, Palm Desert, and Indian Wells. (5) A representative of the Agua Caliente Band of Cahuilla Indians. (6) A representative of the Coachella Valley Mountains Conservancy. (7) A representative of a local conservation organization. (8)A representative of a local developer or builder organiza- tion. (9)A representative of the Winter Park Authority. (10) A representative of the Pinyon Community Council. (c)TERMS.— (1) STAGGERED TERMS.-Members of the advisory com- mittee shall be appointed for terms of 3 years, except that, of the members first appointed, one-third of the members shall be appointed for a term of 1 year and one-third of the members shall be appointed for a term of 2 years. (2) REAPPOINTMENT.—A member may be reappointed to serve on the advisory committee upon the expiration of the member's current term. (3) VACANCY.—A vacancy on the advisory committee shall be filled in the same manner as the original appointment. (d) QUORUM.—A quorum shall be eight members of the advisory committee. The operations of the advisory committee shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (e) CHAIRPERSON AND PROCEDURES.-The advisory committee shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (f) SERVICE WITHOUT COMPENSATION.—Members of the advisory committee shall serve without pay. (g) TERMINATION.—The advisory committee shall cease to exist on the date upon which the management plan is officially adopted by the Secretaries, or later at the discretion of the Secretaries. ?L Appendices A-8 al � Santa Rosa and San Jacinto Mountains National Monument Draft Resource Management Plan/DEIS Appendices PUBLIC LAW 106-351—OCT. 24, 2000 114 STAT. 1369 SEC.8.AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Approved October 24, 2000. 51 t a LEGISLATIVE HISTORY—H.R. 3676: HOUSE REPORTS:No.106-750(Comm.on Resources). CONGRESSIONAL RECORD,Vol. 146(2000): July 25,considered and passed House. Oct.5,considered and passed Senate. /��/] i/y■ Appendices A-9 06/11/2003 10:01 1949219990E CENTER BAY CORP PAGE 08/13 DESERT RIDERS THE PIONEER RIDING CLUB of PALM SPRINGS FOUNDED 1930 POST OFFICE BOX 4063, PALM SPRINGS.CALIFORNIA 92263-4063 RECEIVED June 11,2003 JUN 1 1 2003 Danella George PLANNING DIVISION National Monument Manager Santa Rosa and San Jacinto Mountains National Monument Manager Bureau of Land Management,Palm Springs-South Coast Field Office United States Department of the Interior 690 West Cramet Avenue P.O.Box 581260 North Palm Springs,California 92258-1260 Re: Draft Santa Rosa and San Jacinto Mountains National Monument Management Plan and Draft EIS Comments. Dear Ms.George., On behalf of the Desert Riders and the Desert Riders Trails Fund,Inc.,I make the fallowing comments regarding the Draft Santa Rosa and,San Jacinto Mountains National Monument Management Plan and Draft Impact Statement,dated March 2003 ("Monument Plan"). Comments regarding trails management will be addressed when the Trails Management Plan Draft is released for public comment. Santa Rosa and San Jacinto Mountains National Monument Act of 2000. 16 USC 431. Congress stated that the Santa Rosa and San Jacinto National Monument("Nation Monumcnf')was established"[iln order to preserve the nationally significant biological, cultural,recreational, geographical, educational and scientific values found in the Santa Rosa and San Jacinto Mountains and to experience and enjoy the magnificent vistas,wildlife,land forms,and natural and cultural resources in these mountains and recreate therein....". (16 USC 431, § 2(b)). Congress expressly assigned national significance to these specific resources and Congress declared that the public should"experience and enjoy"these resources within the Santa Rosa and San Jacinto Mountains. (16 USC 431, § 2(b)). Therefore,the federal government should apply similar standards of assessment and protections for each public value found by Congress and such similar standards should apply to all federal laws. 06/11/2003 10:01 1949219990E CENTER BAY CORP PAGE 09/13 Danella George June 11, 2003 Page 2 3.B. Biological Resources The Monument Plan has taken steps to overcome public distrust of the science being utilized for bighorn sheep recovery in the National Monument. The Monument Plan has accomplished this by not parroting opinion and,it appears,by more closely scrutinizing both research activities and scientific literature.(3-21-22). The Monument Plan can do more. The USFWS Recovery Plan for Bighorn Sheep in the Peninsular Ranges,California("Recovery Plan' perpetuated scientific theory that had been disproved. Throughout the Recovery Plan USFWS referred to"Peninsular bighorn sheep,"maintaining the old common name of a non- existent sub-species of bighorn sheep. While the Monument Plan does not refer to sheep as Peninsular bighorn sheep,the sheep's scientific classification is still ambiguous. Bighorn sheep in the Peninsular Ranges are Nelson bighorn sheep. ("Recovery Plan',P 3). California Department of Fish and Game("CDFG" refers to"Nelson Bighorn Sheep"and not to the mountain range the bighorn sheep inhabit(See attached Big Game Hunting Tracks,title and P- 32). "Peninsular bighorn sheep"is a deception upon the public to advance a philosophical designation rather than the sheep's current taxonomy. 3.C,2 Cultural Resources Native American trails of the Cahuilla are identified as cultural concerns by the Monument Plan- (Pg.3). Numerous trails improved and maintained by Desert Riders are Cahuilla trails and should be identified as historic"linear sites," (3-7). The Art Smith and Boo Hoff are two of these trails. Until the early 1900's the Art Smith connected with the Boo Hoff and together they were a primary trail in the transportation network between Cahuilla villages in and around the Santa Rosa Mountains. A goal of the Monument Plan is to provide information regarding the historical use of the Monument including ranching,mining,and recreation. (ES-1 S) The Monument Plan should include a separate heading for recreational history in the National Monument Plan. Sub- headings should include Desert Riders,which pioneered European American recreational use of the Santa Rosa and San Jacinto Mountains,and Pahn Springs A,tajo. Desert Riders was formed and began riding the prehistoric Cahuilla trails in the Santa Rosa and San Jacinto Mountains in 1930. Using organization funds,Desert Riders began a regular program of trail maintenance and improvement in 1932 and expanded the program of improvement and maintenance as sponsors and funding was secured. Desert Riders has mounted their horses each Tuesday,October through May,since 1930 to ride the mountains that have become the National Monument. Attached is a list of the trails to which Desert Riders has devoted its resources for over seventy years and which are essential to the ongoing tradition of Desert Riders. A recreational history sub-headlug should also include Palm Springs Atajo. Palm Springs Atajo explains Dunn Road. The planned communities of Palm Springs Atajo were an 06/11/2003 10:01 19492199908 CENTER BAY CORP PAGE 10/13 Danella George June 11,2003 Page 3 early attempt in the 1960's to develop "environmentally oriented communities"and attract the public with the finest recreational amenities. Of note,the bighorn sheep provided a romantic marketing concept for Palm Springs Atajo. Like many other entities in the Desert,the Nelson Bighorn Sheep was its logo. 3.1). Recreational Resources Critical habitat for the Nelson Bighorn Sheep in the Peninsular Ranges consists of 782,049 acres. (3-2) Of the 271,400 acres in the National Monument, 187,685 acres, approximately sixty-nine percent(69%)of the National Monument,is designated as"Essential Peninsular Ranges bighorn sheep habitat."(ES-9). Currently,recreation is being addressed by a "reasonable opportunity"standard and bighorn sheep recovery by a"potentially could affect" standard. The disparity between the two standards and their application to resource value is arbitrary under the National Monument Act. In addition,what are the distinctions between "critical habitat"and"essential habitat"and is one more inclusive than,the other? The Economy is Dependant Upon and Abundance of Recreational Opportunities Congress found that the Santa Rosa and San Jacinto Mountains contained"nationally significant"recreational value. (See 16 USC 431, §1 (a)(1)). "As noted in the Act,the National Monument provides a `picturesque backdrop' and an abundance of recreational opportunities that are important to regional economic resources of the Coachella'Valley and mountain communities."(Monument Plan ES-2,P 2). With the economic health of municipalities and communities dependent upon an abundance of recreational opportunities within the National Monument,a more precise balancing of actions,and of federal laws that impinge on recreational opportunities in the National Monument,is required. Specifically,the National Monument must hold USFWS accountable to both its duties under the Endangered Species Act(ESA)and to the public,then balance endangered species with the recreational mandate of the National Monument Act. USFWS used a baseline analysis to assess the economic impact of Critical habitat for the Nelson Bighorn Sheep in the Peninsular Ranges. This approach for considering the economic impact has been rejected and critical habitat overturned by the tenth circuit in New Mexico Cattlegrowers Asso. v. USFWS,248 F.3d 1277(2001)and most recently in the Eastern District of California in Home Builders Asso. v. USFWS(2003). It is not an unreasonable assumption that areas with substantial national recreational values would be excluded from Nelson Bighorn Sheep Critical habitat. This is especially true when USFWS fails other mandatory obligations under the ESA. The Monument Plan must validly assess the economic impacts to businesses and local governments that depend heavily on income from recreation. Monument managers must take a hard look at the economic,as well as other impacts not analyzed by the USFWS in making recreation and private land use decisions that affect the availability of conventional types a% N0 06/11/2003 10:01 1949219990E CENTER BAY CORP PAGE 11/13 DaneIIa George June 11,2003 Page 4 of recreation. IF Educational Resources There is strong interest in and demand from the public for interpretation and education of the National Monument's resources through experience. (3- 5), A goal of the Monument Plan is to identify and interpret"magnet"sites to attract visitors and satisfy their desire to experience the history of the area. (ES-17). Trails that historically connected the Cabuilla villages and clans should remain open and interpretive materials made available. Prehistoric connecting trails that can still be located,should be identified and considered by the National Monument and Cabuilla peoples for improvement. IN. Transportation,Vehicle Access and Section 5(d)Access to State and Private Lands Section 5(d)of the National Monument Act stated that"[the Secretaries sball provide adequate access to nonfederally owned land or interests in land within the boundaries of the National.Monument, which will provide the owner of the land or the holder of the interest the reasonable use and enjoyment of the land or interest,as the case may be." (16 USC 431, 5(d)). Desert Riders Trails Fund,Inc.,as well as many other private entities,own property that has been inaccessible to them since August 2000. BLM should provide reasonable access across public lands_ If reasonable access to private lands is not available due to private ownership change after BI.M's closure of the Dunn Road the federal government should use its powers of condemnation to reopen portions of the Dunn.Road that secured access to all private lands in the National Monument for fire control,access for municipal government services,and private property access that were closed in 2000. Revised Statute 2477 Application of federal law R.S. 2477 concerning public rights-of-way"could potentially affect"trails that have been constructed,maintained or improved by Desert Riders. Those trails should remain open until public rights are determined, The"non-consensually supported recommendation"not to grant new or R.S.2477 rights- of-way at Appendices 13-11 is inconsistent with section 5(d)of the National Monument Act and cannot be considered. Conclusion The first European American recreational use of the Santa Rosa and San Jacinto Mountains was equestrian use. The equestrians that loved"...the magnificent vistas,wildlife, land forms,and natural and cultural resources—"of the Mountains formed Desert Riders in 1930 and began a long tradition of investment of both labor and capital into trails.(16 USC 431, 2(a)(2)). Desert Riders followed the highways of the Cabuilla and the beaten routes brought 06/11/2003 10:01 19492199908 CENTER BAY CORP PAGE 12/13 Danella George June 11,2003 Page 5 about by commerce in cattle and minerals. Both Desert Riders history of use and stewardship of the land merits consideration when malting decisions in the National Monument. Thank you for the opportunity to comment on the Draft EIS. Sincere � Nanci . Stacey Executive Director Desert Riders Trail und,Inc. NASS/as enc. cc: John Schoettler,President,Desert Riders Don Abel,President,Desert Riders Trails'Fund OG/11/2003 10:01 1949219990E CENTER BAY CORP PAGE 13/19 Danella George June 11,2003 Page 6 Santa Rosa and San Jacinto Trails Constructed,Improved,Used and Maintained by Desert Riders Cahuilla Trails Improved and Maintained L Dripping Springs Trail 2. Vandeventer Trail 3. Palm Canyon Trail 4. Murray Canyon Trail 5: Andreas Canyon Trail 6. West Fork/Pelton Trail 7. Art Smith Trail 8. Boo Hoff Trail 9. Eagle Canyon Trail 10. Pond Trail Trails Improved since the 1920's, 1930's and 1940's 1. Lykken Museum Trail 2. Maynard Mine Trail 3. Wildhorse Trail 4. Araby Trail Trails Constructed by Desert Riders Prior to 1973 1, Alexander Trail- 1963 2. Garstin Trail- 1963 3. Shannon Trail- 1964 4, Henderson Trail- 1968 5. Coffman Trail - 1968 6. Berns Trail- 1971 7. Lykken Trail North- 1972 Trails Constructed by Desert Riders Prior to 1976 1. Victor Trail- 1974 Other Trails Constructed by Desert Riders 1. Hahn Trail 2. Bud Furer Trail 3, Clara Burgess a$�'� City of Palm Springs o' Office of the Mayor 3200 Tah9 Y uitz Canyon Way• Palm Springs,California 92262 TEL(760)323-8200 • PAX(760)323-8207 •TDD(760)864-9527 June 19, 2003 Ms. Danella George, Secretary Santa Rosa and San Jacinto Mountains National Monument Advisory Committee PO Box 581260 North Palm Springs, CA 92258 Re: Draft Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Statement Dear Ms. George: The City Council, at its June 18, 2003 meeting adopted the City Council Resolution No. 20639. This Resolution and its attachment represent the City's comments and recommendations on the Draft Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Statement. The primary issues included in the City Council Resolution are as follows: • Draft Coachella Valley Multi-Species Habitat Conservation Plan allows issuance of take permits and the National Monument Plan needs to clearly reflect this. • The National Monument Plan needs to reflect and clearly state that the National Monument Act of 2000 clearly states that it does not affect private land, municipal plans, and the rights to develop private property within and adjacent to the National Monument. • The City encourages Bureau of Land Management to continue to evaluate hiking, equestrian, mountain bike, and restrictions regarding dogs. Any restrictions must be based upon documented adverse impacts and ongoing monitoring is the preferred management strategy. The City encourages the Bureau of Land Management to add a section to the National Monument Plan which encourages use of the Palm Springs Visitors Center as a National Monument Visitors Center. Future funding and grant opportunities should be supported by the National Monument Plan. • The National Monument Plan needs to clearly outline, assess, and acknowledge areas within and adjacent to the National Monument which may be developed in the future (Palm Hills, Canyon Hotel, Chino Canyon (Shadow Rock)). 7, 3 Post Office Box 2743 0 Palm Springs, California 92263-2743 Page 2 of 2 Draft Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Statement June 19, 2003 In addition to the comments and recommendations, on behalf of the City Council, I want to thank you and your staff for your efforts to complete a comprehensive plan and keep it on schedule. If you have any questions, please feel free to contact Douglas R. Evans, Director of Planning & Zoning at (760) 323-8245. Sincerely, William G. Kleindienst Mayor cc: City Council David Ready, City Manager "WMW R M YM u ANY, wpm .J" 210 go UN z q 1. ma ON amK l!lAm%i joy n1a, -15 A"of A WON d"Ev, NIeta V'J, -4 M-M -WW- 1` vivo Vow IAN 1 41. W'lb list NOW QVI K wp uY tI "j W- m. M ----------- Nis Am NN Terra Nova/The City of Palm Springs and The Agua Caliente Development Authority Draft Specific Plan Section I—Introduction I. INTRODUCTION A. Authority and Scope Section 65450 of the California Government Code grants local planning agencies the authority to prepare a Specific Plan of development over a given piece of property. Consistent with this authority, the City of Palm Springs is implementing a revised Specific Plan for the Canyon Park project, now called the Canyon South Specific Plan, using its Planned Development District process as the implementation tool for the Specific Plan (Section 94.03.00,Palm Springs Zoning Ordinance). A General Plan Amendment (Section 65358 CGC) will accompany the revised Specific Plan. The Palm Springs General Plan recognizes the use of Specific Plans for certain areas of the City, including Canyon South, when it states': A Specific Plan is a development plan which may further refine the General Plan, Specific Plans often provide detailed design and analysis of complex mixed-use _ projects, and indicate specific land use locations and design. A Specific Plan contains text, exhibits and diagrams indicating the distribution, location and intensity of proposed land uses and the necessary public and private urban support _. systems pursuant to California government Code Sec. 65450-65457. Such plans shall be adopted prior to any development in the specified areas. Each Specific Plan also defines the standards and criteria for development, open space, and, where applicable, conservation programs. Additionally, the Specific Plan provides a program of implementation measures and financing necessary to carry out the project. B. Project History The lands encompassed in the Canyon South Specific Plan have been addressed through a number of planning efforts over the past decade, including amendments to General Plan land use designations, Specific Plan amendments and a development agreement. The Specific Plan for these lands has been refined and revised, and has been the subject of environmental analyses and special studies, including the certified Final Environmental Impact Report for the Canyon Redevelopment Plan prepared in 1991 (SCH#91012026) and the Environmental Assessment for the Canyon Park Resort& Spa Specific Plan Amendment adopted by the City of Palm Springs in 'Palm Springs General Plan, 1993,page I-20. I-1 xllX Terra Nova/The City of Palm Springs and The Agua Caliente Development Authority r£ a: Draft Specific Plan Section I—Introduction t t�M� 1994. Most recently, a Specific Plan Amendment was approved to allow the reconstruction of the existing golf course.These documents are available for review at the City of Palm Springs. g g t3, !,y m.4i Additionally, the Specific Plan is governed by a Stipulated Judgment which addresses and , 4ayF controls certain aspects of development within the Specific Plan boundary. These issues are particularly associated with conservation of the west end of the Specific Plan boundary, within the foothills of the San Jacinto mountains, and development restrictions on the eastern end of the Specific Plan area, in and adjacent to the Palm Canyon Wash. All components of this Specific Plan conform to the Stipulated Judgment. The City is committed to reviewing all proposed plans, permits and other entitlements to ensure that the City complies with all terms of the Stipulated Judgment. A copy of the Stipulated Judgment is available at the City of Palm Springs. C. Project Location 4''t The project area is located in the southern portion of the City of Palm Springs, in Riverside trx�� t ;_; County. The site is bounded by Murray Canyon Drive on the north, Acanto Drive to the south, g!t t' the Palm Canyon Wash to the east, and the San Jacinto mountains to the west (see Exhibit I-1 Regional Location Map,Exhibit I-2 Vicinity Map, and Exhibit I-3 Existing Site Conditions). ' The area surrounding the Specific Plan boundary represents both urban and rural land uses. The lands to the west of the Specific Plan boundary are the San Jacinto Mountains, which rise rapidly above the Valley floor in this area. To the south are single family homes, and further south the Indian Canyons and other lands permanently preserved as open space. To the southeast of the p'Cet ya: Specific Plan, lands are generally developed in low and very low density residential land uses. To the north, both single and multi-family residential developments already exist, as does the Canyon Golf Course. Lands to the east include the Palm Canyon Wash and the Smoke Tree Ranch project, an existing single-family residential development and stables (see Exhibit I-3, r, 1•, Existing Site Conditions). The development proposed within the Specific Plan boundary is similar to, and consistent with that already occurring in this area. tiN7°4,' D. Project Description There are four distinct components to the project area: the golf course redesign and clubhouse Ir '4 remodeling; the hotel and spa construction; existing and proposed residential development; and rlM„ conservation/open ens ace. The entire planning area encompasses 721± acres of land, including P P P g P g the 145± acres of land for the golf course currently under construction. wa,7s0%`. Finally, the project boundary will be reduced by approximately 20 acres at the northeast corner, eliminating an area which has been determined to be undevelopable under the Stipulated Judgement. 3x' Each component of the plan is described in further detail below. Table I-1 illustrates the l},. . acreages and units in each land use designation within the plan. 4, h URS'ki' ,4q�r z"Stipulation for Entry of Judgment,"Sierra Club et. al.Vs.Canyon Development et. al.,August 1993. rR'a�'4 I 2 l�'i Pacific Ocean No Scale __. Mexico H � 'versi)le 62 60 B union •D xnea sp ng •Corona n ` Palm Springs c.mNw aLy - Rav 5 P Pa.Mingo lm Desert CoEdalla j0 Indian w6h UQ inm io Hlylhe _ jU i Agua Caliente Development Authority Exhibit TERRANOVA® Regional Location Map JA J INDIAN I-1 City of Palm Springs CANYONS Planning 4c Research,Inc. RESORT PALM SPRINGS ' ll��� I � ��l v�� �:1•l��` SF'1S A'�'Y f{R�'Yl. - ����• �•�'� � � �/ AS�i' "•'�"hl� �ir .®��'����` �Y� ,� _ Nter= , � R]} 111 Fri; II wi' •J \ , �'' = 'ill �5.=Y�71f ..�� .�yam • < 4s „ �;�� �, d� � � P M4 7 y,? �( f r rit kFv t6' IV 05., If 11 e�1: 71 v" &) loo hhk�r ly7' Or Ab VIF ;Zl J 41 V4 Q . ..... �l JE AV T W lk" vC o�. 'l, it 71 ........... Terra Nova/The City of Palm Springs and The Agua Caliente Development Authority i Draft Specific Plan tSection I—Introduction Table I-1 Land Use Desigpmuations within the Plan INo.of Units No. of Previously Land Use Acres Units Approved Conservation 255 0 16* Open Space (Golf Course) 145 -- I Residential 308 810 834 Hotel 13 450 450 Totals 721 1,260 1 1,300 *Subject to provisions of Stipulated Judgment Canyon South Golf Course and Clubhouse The golf course was originally constructed during the mid-sixties, and is currently undergoing redesign and reconstruction. Modernization and physical improvement to bring the course up to current standards are the primary goals of the golf course reconstruction project. Designs include waterfalls and lakes, the use of boulders, vegetation and mounds to conceal the existing concrete dike, and other landscaping techniques that enhance the golf course design. The clubhouse is proposed to be remodeled to provide an improved amenity for the golf course. The clubhouse will encompass up to 25,000 square feet, within a building up to 35 feet in height (measured from the top of curb of Murray Canyon Drive). The goal of the clubhouse design is to create a unique golf facility that will enhance Palm Springs and complement the majesty of the Indian Canyons. It also intended to support the adjacent Indian Canyon Resort Hotel proposed in this Specific Plan. The design emphasizes the tribal canyons by view orientation, landscape, and use of indigenous materials. Indian Canyons Resort Hotel The hotel site offers spectacular mountain views and acts as a gateway to the sacred Indian Canyons. The Specific Plan will allow for the development of up to 450 guest rooms with amenities including a spa, exercise facilities, retail, meeting and banquet areas, executive offices, food services and general support services on 13.3-acres of land. The primary building on the site will be the hotel itself, which is conceptually planned as a 4 to 5 story, 80 foot maximum height structure (100 feet is allowed for `Indian land' projects in the City's Zoning Ordinance. The hotel structure, which undulates on the site and extends to a length of 686 feet, is set back from both Palm Canyon Drive and Murray Canyon Drive at least 250 feet. Other structures on the site will include a parking structure, ballroom and conference facilities, and 2 story villas or casitas, which are included in the total room count of the hotel. Parking facilities will include garage and surface parking with up to 740 spaces. The Agua Caliente Development Authority (ACDA) is planning to develop this location with premier accommodations on this distinctive site, in order to compete with the Coachella Valley's more luxurious resorts. The goal of the hotel design is to reflect the unique beauty of the desert and the majesty of the Indian Canyons. The design emphasizes the canyons by view orientation, landscape, and use of I-6 Terra Nova/The City of Palm Springs and The Agua Caliente Development Authority Draft Specific Plan Section I—Introduction indigenous materials. The design elements support and reinforce these goals. The style of the hotel is contemporary, capturing the spirit of the site and the climate. The Hotel building is a clear modulated structure that provides sun control. The material's are local, appropriate and reinforce the Canyons. Ancillary buildings attached to the hotel mass express their use. As a component of the site design, the South Palm Springs dike will be realigned towards the south to match the existing dike west of South Palm Canyon Drive. The hotel site will then be graded from the top of the dike realignment north, to match the existing grade at Murray Canyon Road. As a result, the hotel entry level will be constructed to align with grade at the dike on the southern portion of the site. Residential Development The existing and proposed residential developments within the project site will be developed independently from the resort components of the Specific Plan, whereas the previous plan envisioned a master developer for all lands within the Specific Plan boundary. The residential developments will range from standard, large-lot single-family subdivisions to cluster designs emphasizing common open space and recreation facilities, and could total up to 810 residential units. Some of the residential sites within the plan area have been constructed since the original Specific Plan approval, primarily consisting of individual single family homes. A single family residential tract was also recently approved at the northeast corner of Acanto and South Palm Canyon. Conservation and Open Space A total of 238 acres are designated Conservation within the Specific Plan boundary. This represents an increase of 38 acres over the previously approved Specific Plan. The additional acreage is located in the northwestern portion of the Plan area, on lands southwest of the Canyon Heights development. The Stipulated Judgement included provisions that the developer of the Specific Plan area make his or her best efforts to secure 120 acres of land at the western edge of the Specific Plan area. The land owners and the City of Palm Springs have, since that time, secured and placed in open space 100 of the 120 acres. The balance of the land identified in the Stipulated Judgement is designated Conservation under this Specific Plan. In addition, the lands immediately east, totaling 35 acres, have been designated Conservation in this Specific Plan, with a density transfer to the balance of the acreage (80 acres) in this area. Finally, 31 acres of the Palm Canyon Wash, on the eastern end of the Specific Plan boundary, has also been designated for Conservation. I-7 r, y� x Fc •ArY-uF s� �� ��I�I, 1 �'i-�.,t•.j'ii 'oleo. II IL ' - • • - • • ' • • • • • - • • - • CrrY OF PALM SPRINGS PALM HILLS SPECIFIC PLAN i I. INTRODUCTI6N A. Location and Overview From a regional perspective,the Palm Hills Specific Plan is located in the Coachella Valley within the incorporated City of Palm Springs as shown in Exhibit I-1,Regional Location Map. Locally, Palm Hills is situated on a slightly elevated peninsula of low mountainous land at the northern end of the Santa Rosa Mountains overlooking the City of Palm Springs south of the urbanized valley floor. The site is south of East Palm Canyon Drive (State Highway 111) and abuts the City of Cathedral City on the east. The site is part of a rolling mesa which projects into the Coachella Valley between the low lying Palm Canyon on the west and Cathedral Canyon Cove on the east.This mesa is topographically separated from the interior of the Santa Rosa Mountains by Murray Hill, a major ridge feature lying about a half mile south of the site.The proj ect site is shown in Exhibit I-2, Vicinity Map. B. Project Boundaries The project site incorporates all of Section 31 and portions of Section 32 (west%of Section 32, southeast %4 of Section 32, south %a of southeast''/4 of northeast 3l/4 of Section 32, southwest '/4 of northeast'/4 of Section 32,southwest''/4 of northwest 1/4 ofnortheast'/4 of Section 32,and the south 1/2 of southeast I/4 ofnorthwest'/4 ofnortheast'/4 of Section 32)T4S,R5E San Bernardino Base and Meridian in the City of Palm Springs. See Figure I-2. C. Project Ownership The Palm Hills Specific Plan site consists of approximately 1204.1 acres of undeveloped,vacant land under three ownerships. Of this total acreage, the Palm Hills Land Corp. controls approximately 906.1 acres while the balance of the property is owned by Agua Caliente Band of Cahuilla Indian Tribe allottees (293.1 acres) and the Desert Water Agency(4.9 acres). The Palm Hills Specific Plan proposes a detailed development plan on the Palm Hills Land Corp. property including custom single-family estate neighborhoods,an 18 hole golfcourse,aresort hotel,clustered vacation ownership units, along with passive and active open space. The Specific Plan addresses future development of the Indian and DWA properties by identifying potential development areas and allowing for the extension of access and utilities to serve these properties. See Figure I-3, Property Ownership Map. D. Document Purpose The purpose of the Specific Plan document is to address the land use issues associated with development of the Palm Hills property in sufficient detail to ensure that the subject site is adequately served with public infrastructure and develops in a manner which is sensitive to the natural hillside setting. Ultimately the project seeks to provide residents and visitors with a unique living and/or vacationing experience. This planning effort is based on substantial attention to environmental considerations including but not limited to, geotechnical,biological,hydrological, and visual characteristics which establish a comprehensive assessment of the site's development constraints and opportunities. In both text and illustration,this document depicts the character and configuration of the various components comprising the Specific Plan and establishes a foundation document that will govern further entitlements and development activity within the Palm Hills .I property. In this way,the /3 THE KERN COMPANIES SECTON I, INTROOUCEON - I M I L L S P A 6 P fl CO '9 6 SPECIFIC PLAN to -- _._-_._. ._.._ San B....... Riverside County ^ � 62 ^ — - ------ • Desert Riverside 60 Banning Cabazon Hot Springs i 91 •Moreno Valley 10 Palm Springs• • 15 Cath d I Sun • 74 _ City • Hemet City Rancho • 111 • ndlo Mirage Palm •�•�, Desert �•� Elsinore •La jQuints if • 371 Murrieta Salton i Temecula• Hot S rings ® Sea 79 San Diego County. a 3 21 m Source: Regional Location Map slnfnr,Peron&Fox DESIGN TEAM: TIM Assocates Landscape ArcMlecl NOTTO SCALE SnYlh,Peron)&Fox CM Engtneering,Associates,Inc. Figure I—I Janes CluM,AtcWtect David NalnvWe,Golf Course Areltdcct SMITH PERa NI & FOX A DIVISION OF DDDEK i AGSODIATEO XSPECIPIGPLAN L S TIN ' �? wY;!)"Z/..0 IA CALL EN T}' EEE,v ATIUN i'I D �4 7k I "�S.�i n't /-'Z t ^ ALEJ '1:' Fiq M j: I • rT f 51f � �— �-+�I_--"�'`£:'�i,•'-"'0. -._ _ _ ��u...ta -.„ .fN3 . r.;cd�9wlwc+pll '� :;s,::t:,'-4�: $ �•3.,r:; f-M i I� IA�EI JG�Y.ErT1UN+� '�'inv vv 44``..13a w.r'}��< <' 16 . � k� ��Mfr�!' .J'V�'41�:M,, ��• . i� M z" r+ni, EVIL _1, _ : � ' ..;�i�• ' ,�3 ;:;fit, y1 L{6M .t T rw J-a�/�\\ 4 .F-`+,A :"Its,' •AI .. - z-' tAOE,uxDf♦ �' PAUA SMINO.S MUXIpPAL AIxPMT MUNICIPAL AlICPiJ "•y ' MU ;r.it. it ;_ AGUTy C��yyyAy,,L��{�. Tom. 'k L •.I ACUA C Lt6NTE •11 11 , 20 I, I EE '°• t YL„ _ Ia '.INUtANE EEEYAT,ION,:`�": .ly.., 1 A M7 • 1 L.lal ''.. M. jC •.4 rf 9 ..I'b •�`•i o_ i + i iq 'T'..2 ' i`�'"�U�MT f ± _ I �' I' � 40 •lf 1. �tl - ��\^•• F, 1 T�. 2 d:���.+,'�n• •:ice, w��C t ::::PA .vJ�en - I' b .: EPar. PAL ' Ii. . �u•'�S�;cof�. •'�; .. :�� _J.411 a'',�,:.`✓j�: :np '..i(" :s4,�y,�T;;`-• .�- f.�L. P,) , •'i;'. "__ _ ^xJ," *i'�;i._ '`� ©co xsi T-� 4 t' � 1 ) 1� . , ' ., Ji �."�:!-. �, , .'I•'�,-: a .'., Ir,1.4 . \ _al •H ',Q3��,,e.� /1„•'• I t lha 1 IIJ, I �:•_ i' .;_"? �.u./,/k �I - °- -tia -:' ,!�J: d ° Y �CCRSE' I,. �` ..�11 P. .1 Q I 1111.-, 11 f ,1 '•fr �)�. IfA��jEtE ep,'/`` 1�I'..t .. . \: ,,. � •:�S rydr L .:'b' �\. .�: 7,.a. EE(SfIpN `.L!_f. �-� � �. f• �� tF.2 � 'I I1..1. I,..•�r��f\ 1:.` �' f'I n S 1.,.>i�lFf� � � - •� 1 1 r r 7 f f H11Ae FEE `N b 1 A N, _ .i�E''Il"y,(��Ir�j ,V�;i.'.'qJ �S`���3,• �•-I �; �!' h. •:i R. �'-., ' � 1 Icy-" •,�;J•.N-' � �Pi: �,' ,�1,� '\/i� �t..C' ',: _ tirrlll - :�51�1 1�1.-..":,_ ( � `} � •'' �_l�"� `J. Source: Dudek&Associates _.- '", o`.: i¢•.•. ..; i� �}� ,7� ;';•r> S!' ''E',�, ji ,�','--/' . : I;:j{'.,`_'r:. FEET VicinityMap a zaaa ,aaa boao DESIGN TEAM; The Keith Companies TO Assoclates Landscape Architect Dudek&Associates TMe,[IrCCn ao^IaY^h James Craft,Architect Ralnvllle&Bye,Golf Course Architect C Figure 1-2 A I L L S SpECIHC PLAN C 1� c d � SEGU13 "i .. L • SEC pc PA Ln� w `� O PALivTN7MS O GER O ER o G'rJJ f �/ `Z-`„G.�1 •• ,_""�^ `j ' NOM$OUNonRr/OwNERSMPWFcnManoN .• i �-.. e �� SUPPLEOBYcmFNG,`NaRArAs'cw116 Source: Dudek&Associates property ownership Map FEET � a son ❑❑❑ - Figure 1-3 ❑ � isn❑ DESIGN TRAM: kct*Oct Dudek&ASSOCIates The Keith Corn dt COW panles iKD pssoclates to Ie James Cbfri,NchRect POIT7de&By.,Gourse PrchitecY CITY OF PALM SPRINGS PALM HILLS SPECIFIC PLAN Specific Plan will serve to refine and amend the City of Palm Springs General Plan and Zoning designations relative to the subject site in terms of appropriate land uses,density, intensity of use, and development standards. Under separate cover, the Palm Hills Specific Plan is accompanied by an Environmental Impact Report (EIR) and supplemental,documents and special studies which address the environmental impacts associated with the proposed project and establish appropriate mitigation measures to reduce any impacts to the greatest extent possible. Together,the Specific Plan and Environmental Impact Report will provide the City of Palm Springs planning staff,elected officials,and the general public with a complete understanding of the project, its environmental impacts and a methodology for mitigating those impacts. E. Authority and Scone Section 65450 of the California Government Code (CGC) grants local planning agencies the authority to prepare a specific plan of development over a given piece of property. Consistent with this authority,the City of Palm Springs is implementing'a Specific Plan for the Palm Hills project using its Planned DevelopmentDistrietprocess(Section 9403.00,Palm Springs Zoning Ordinance). A General Plan Amendment(Section 65358 CGC) and Development Agreement(Section 65865 CGC)will accompany the Specific Plan. The Palm Springs General Plan recognizes the use of Specific Plans for certain areas of the City, including Palm Hills,when it states on page I-20 that: "The area plan may take the form of either a Specific Plan or a Planned Development District as T1 required. However,where the area plan is intended to be processed and adopted as a General Plan l Amendment, a Specific Plan shall also be required. A Specific Plan is a developmentplan which may further refine the analysis of complex mixed-use projects,and indicate specific land use locations and design. ASpecific Plan contains text, exhibits and diagrams indicating the distribution, location and intensity of proposed land uses and the necessary public and private urban support systems pursuant to California government Code Sec. 6545 0-6545 7. Such plans shall be adopted prior to any development in the specified areas. Each Specific!Plan also defines the standards and criteria for development, open space,and,where applicable, conservation programs. Additionally, the Specific Plan provides a program of implementation measures and financing necessary to carry out the project." An environmental assessment of the proposed Palm Hills Specific Plan has been prepared by the City of Palm Springs, resulting in a Notice of Preparation (NOP) for an EIR. This effort also included a description of potential adverse impacts which needed to be addressed in greater detail through the EIR process. The NOP was distributed on May 10, 1998 to the State of California Clearinghouse(SCH#98061043),responsible agencies,and other interested parties. The objective of the NOP process is to identify and determine the full range and scope of environmental issues of concern to others, i.e.,individuals, organizations,responsible agencies, etc., so that issues can be fully addressed in the Palm Hills EIR and supplemental support documents and special studies. THE KETH COMPANIES SECTION I, INTRODUCTION -5 CITY OF PALM SPRINGS PALM HILLS SPECIFIC PLAN F. Development Plan Process The Palm Hills Specific Plan represents an initial and major component in a multi-step process that will culminate in the development of the Palm Hills project. A sunmiary of the various documents that will,contribute to this first major step in the entitlement process follows. • Specific Plan The Specific Plan is a legal document and planning tool that provides the City of Palm Springs and the project proponents (Palm Hills Land Corp., Indian Allottees) or their successors in interest with guidelines for development based upon the plans and standards set forth therein. The Specific Plan boundary is determined by the Palm Springs General Plan which requires that all properties within Specific Plan Area PH-1 be included and addressed. The Specific Plan will serve to refine and implement the City of Palm Springs General Plan for the Palm Hills property by applying unique development standards designed specifically for the project site. In this regard the plan establishes a pattern and density of land use as articulated in Section III and development regulations contained in Section VI of this Specific Plan document. The Specific Plan establishes a circulation plan whereby streets and roads are located and sized based on topographic considerations, traffic patterns and peak.hour demands. Public facilities plans indicating what facilities are needed to service the Palm Hills community and the most appropriate area within the plan to locate these facilities. A landscaping plan for the community is another element of the Specific Plan, prepared in conjunction with an open space plan that designates certain areas as natural/passive open space and active/usable open space. The Specific Plan also contains J guidelines with respect to site planning,landscaping,and architecture to ensure that future development is sensitive to and compatible with the natural landform. Maximum compatibility with the natural environment is the basic philosophy which underlies this Specific Plan. • General Plan Amendment The General Plan for the Palm Hills area recognizes that further detailed study is needed to assure the appropriateness and compatibility of specific development proposals with the environment through the mechanism of a Specific Plan. The General Plan's stated intent for Palm Hills is "To create the highest quality resort and residential area in the Coachella Valley while maintaining environmentalsensitivity. To implement this intent,an innovative and interactive planning process will be necessary which will involve and analyze all the factors effecting development in Palm Hills." The Palm Hills Specific Plan diligently strives to meet the performance criteria found in the Palm Springs General Plan. The project complies with General Plan performance criteria for hillside development found in Policy 5.4.4(a)which requires quantification of habitat impacts for resource agency review,5.4.4(d)which requires re-naturalization of disturbed areas,5.4.4(e)which requires that low lighting levels be used,5.4.4(f)which requires that appropriate public services be available prior to occupancy, 5AA(g) which requires that adequate fire protection measures be incorporated,5.4.4(h)which requires topographically sensitive street alignments to minimize scarring, 5.4.4 0) which encourages modified hillside street sections to reduce grading,and 5.4.4(k)whichrequires the use ofnative plants THE KEIFH COMPANIES SECTION I. INTRODUCTION -6 Crry OF PALM SPRINGS PALM HILLS SPECIFIC PLAN for landscaping in non-recreational areas adjacent to open space and prohibits the use of exotic plants. However,if the Palm Hills area is to be developed with resort and residential land uses as described in the General Plan, it is advisable that certain policies be revised to better reconcile and explain the City's commitment to balance the twin goals of hillside development and hillside protection evident in the current General Plan. Consequently, a General Plan Amendment is requested which will modify certain hillside development policies for the Santa Rosa Mountains and the Palm Hills Area Plan in order to implement unique,more flexible hillside development standards for the Palm Hills area. In particular, explanatory text relating to hillside policy along with policies 5.4.1,5.4.4(b),and 5.4.4(c) and portions of the Palm Hills Area Plan are proposed for amendment. The General Plan Amendment text has been crafted to achieve four primary goals: 1)To provide an explicit,internally consistent statement of policy which affirms the City's right to approve high quality hillside development projects which meet stringent performance standards for preserving the mountain character. 2)To allow development on frontal slopes only in the Santa Rosa Mountains and only at carefully selected locations identified on the City's General Plan. (The prohibition on development of frontal slopes in the San Jacinto Mountains is maintained along with any area of the City lying outside of an adopted Area Plan and approved Specific Plan. 3)To clarify the method of residential density calculation in the Palm Hills Area Plan and (1 increase residential density yield for the flattest areas (under 10% slope)from 2 du/ac('/2 acre lots) to 4 du/ac(1/4 acre lots),consistent with the 1/4 acre residential lots traditionally found on the valley floor on slopes under 10%. 4)To add a representative list of hillside design techniques, which, if applied, would be recognized as partial or full mitigation of the visual impact associated with hillside development of frontal slopes. • Planned Development District The PalniHills Land Corp.will utilize the City's Planned Development District(PD),which is being submitted for concurrent approval,to implement the Specific Plan over its portion of the site. The preliminary development plan submitted with the PD,application will provide a greater level of design detail than the Specific Plan and will set the direction and context for Site and Architectural approvals to come later. Under the PD,approval of a final development plan would be required after specific projects for the resort hotel, vacation ownership units and single family residences have been proposed. If the PD and the Specific Plan are approved,the official zoning for the Palm Hills Land Corp.property would become PD-250. r • Master Parcel Map/Tentative Tract Maps The subdivision of property is achieved by the processing of a tentative tract map or parcel map in accordance with the procedures of the State Subdivision Map Act and the City of Palm Springs Subdivision Ordinance. In the case of Palm Hills, the Specific Plan is accompanied by a Master Parcel Map and a Tentative Tract Map. The Master Parcel Map THE KEITH COMPANIES SECTION I, INT OOUCTION -5 Crr-Y OF PALM SPRINGS PALM HILLS SPECIFIC PLAN will create parcels of land in conformitywith individual Planning Areas or subareas thereof. These parcels may then be used for conveyance or financing purposes. If,for example,the Palm Hills Land Corp wishes to sell the hotel site to a hotel developer, the legal parcel created by the Master Parcel Map would allow them to do so. A Tentative Tract map is also being submitted which will establish individual residential lots and provide more detailed engineering design for the Palm Hills development. All future parcels created will be subject to the Specific Plan and its associated documents/approvals. • Development Agreement The development agreement makes the Specific Plan the subject of a legal contract between the City and the landowner. It commits both parties to the development program described in the Specific Plan. The agreement is binding and exempts the Specific Plan from specified changes to codes, plans, resolutions, and voter approved initiatives that might yield a different development scenario. The development agreement also negotiates the conditions and length of time during which the PDD, GPA and other planning approvals will remain valid. Again, a Development Agreement provides a legal instrument whereby the City agrees to permit the land owner or successors to develop the property based upon the Specific Plan while the land owner agrees to commit to the construction or development of specified public improvements, facilities,and services. • Environmental Impact Report Prior to adoption/approval ofthe Specific Plan,a Final Environmental hapact Report(FEIR) must be certified by the City of Palm Springs,acting in the capacity as the lead agency. The ` Final EIR will be prepared in accordance with the California Environmental Quality Act (CEQA), as a means of evaluating potential environmental impacts associated with the development of the Palm Hills Specific Plan project. This effort will also identify measures by which to mitigate these impacts to the greatest extent possible. The FEIR document will also discuss potential project alternatives which focus on mitigating impacts of the project including the mandatory no-project alternative. A summary ofimpacts associated with each of these alternatives in turn will be presented. The FEIR will also identify all remaining unavoidable adverse environmental impacts for which a statement of overriding consideration from the lead agency will be required, if any such unavoidable significant impacts are identified. The Environmental Impact Report will evaluate the ultimate impacts of the development of the Palm Hills Specific Plan based upon the most definitive proj ect data available at the time the Final EIR is certified. Pursuant to the State EIR guidelines, any subsequent discretionary approvals,must be evaluated against the previously certified FEIR through the initial study/environmental assessment process. The initial study/environmental assessment in turn will lead to either a positive declaration(subsequent EIR)or a negative declaration. If the City of Palm Springs can make a finding that no new effects would occur as a result of these subsequent project approvals,the City could approve subsequent proposals with a determination that associated environmental impacts fall within the scope ofthe original and previously certified FEIR and as such no new environmental documents would be required. The CityofPahn Springs also has the authority to incorporate feasible mitigation measures or project alternatives suggested in the Final EIR into the subsequent project approvals. It is intended that the environmental document prepared for the City of Pahn Springs,as lead i agency,will contain adequate information towards processing and approval of the proposed Specific Plan, General Plan Amendment, Planned Development District, Development THE KErrH COMPANIES SECTION I, INTRODUCTION -5 Crr-YOF PALM SPRINGS PALM HILLS SPECIFIC PLAN Agreement,Subdivision Map and other subsequent and related approvals. At such time as _ a specific proj ect is proposed and a lease is processed on Indian Land,the Bureau of Indian Affairs will prepare an environmental document following NEPAprotocols. The BIAmay use the EIR associated with this specific plan as input to the NEPA process. The,Specific Plan will be revised to incorporate necessary mitigations and/or project alternatives identified in the final EIR after certification. • " Subsequent Permits/Approvals Following and/or concurrent with the approval of this Specific Plan, additional permits/approvals may be necessary from the following agencies as appropriate: From the City of Palm Springs • General Plan Amendment(concurrent) • Planned Development District(concurrent) • Development Agreement(concurrent) • Approval of Subdivision Maps and associated engineering plans (concurrent) • Approval of site plans and architectural elevations. • Issuance of Grading Permits. • Issuance of Building Permits. • Issuance of Occupancy Permits. • Assessment District or other infrastructure financing program. From the Bureau of Indian Affairs l • Approval of Leases(if developed by non allottee). I / From the U.S.Fish and Wildlife Service(subject to Federal regulatory process,may not be required if jurisdictional drainages are nonexistent or avoided or if take of endangered species does not occur) • Section 7 Consultation-Stream alteration permit. • Section 10a Permit-Take of endangered species. -From the California Regional Water Quality Control Board • National Pollutant Discharge Elimination System(NPDES) Construction S.W.P.P.P. -From the California Department of Fish and Game (subject to State regulatory process, may not be required if jurisdictional drainages are nonexistent or avoided or if take of endangered species does not occur) • 1601 Streambed Alteration Agreement-permit for construction by public agency adjacent to or across a blueline stream. • 1603Streambed Alteration Agreement-permit for construction byprivate developer adjacent to or across a blueline stream. • Section 2081 Permit and Management Authorization-take of State listed species. -From the Army Corps of Engineers (subject to Federal Regulatory process, may not be required if jurisdictional waters are nonexistent or avoided) • 404 Permit for placement of fill in Waters of the United States,including wetlands. THE KERH COMPANIES SECTION 1. INTRODUCTION -9 CITY OF PALM SPRINGS PALM HILLS SPECIFIC PLAN ' From Riverside County Flood Control&Water Conservation District Review of Flood Control Plans. G. Indian Land Processes Historically,the City of Palm Springs Planning Commission and City Council review development proposals on Indian Allottee land as they would any other project within the City. On Indian lands, however,there are special appeal rights to the Tribal Council which has ultimate land use authority in these areas. In addition,lease agreements between Indian Allottees and private developers are subject to Bureau of Indian Affairs and Tribal Council protocols. H. Document Organization Including the introduction(Section I),the Specific Plan is organized into seven sections and one appendix, dealing with the landscape plant palette. Section ll briefly describes the existing conditions associated with the property for use as inputs to the project planning and design process. Against this background,Section III presents the major master plan components of the Specific Plan in terms of development plans and policies. Section IV contains guidelines with respect to site planning,landscaping,and architecture to ensure that future development is substantially integrated with the natural landform and the overall community character. Section V provides greater detail on individual planning areas in order to specify in greater detail the natural character of each planning area,its proposed land use and the development standards unique to each area. Section VI then sets forth the project wide development regulations governing each land use,while Section VH discusses the administration and implementation procedures necessary to put the plan into effect. r' Section VIII describes an alternative site plan generated in response to the City's environmental review. THE KErTH COMPANIES SECTION I, INTRODUCTION - 10 Do not remove Office Copy CITY OF PALM L, Final Environmental .N1 Impact Report 5 , Ty t � � t p Shadowrock Planned Development District rc � : i -� APRIL 1993 hn d s it ar � SMITH, PEROM & FOX aly miff nian Opou'hp MI MOCK IIilUM ED EDZVMQ?b9MTT IIDIIUIl'IP3 CT 2.0 INTRODUCTION 2.1 Purpose and Scope This Environmental Impact Report (EIR) has been prepared in accordance with the California Environmental Quality Act(CEQA) Guidelines as amended (Public Resources Code, Section 21000 et.seq.)and the State CEQA Guidelines as amended(Title 14 California Administrative Code,Section 15000 et. seq.) and the City of Palm Spring's Guidelines for Implementation of CEQA. This EIR was prepared for the City of Palm Springs by Smith, Peroni &Fox and has been reviewed by the City, The EIR's purpose is to evaluate the environmental impacts associated with a general development project known as Shadowrock. The E02 focuses on the site-specific impacts that would result from constructing and occupying the site as described in the project description(see Section 3.0) and as outlined in the Planned Development District application. Mitigation measures have been developed to reduce or avoid potentially significant adverse impacts. Alternatives to the proposed project on the site and off of the site are considered as a means of reducing unavoidable adverse impacts where possible. Cumulative impacts are also evaluated. The City of Palm Springs is the lead agency with authority for preparation of this EIR because of its jurisdiction over the General Plan and Zoning that control land use on the property and development of the site. Information in the report is intended to be used by the decision makers when acting on approvals related to this project. The applicant, Shadowrock Ventures, has submitted an application to the City of Palm Springs for approval of a Planned Development District which will contain a golf course, hotel, and residential units (about 331 acres). The City prepared an initial study which identified a range of potential impacts that may be associated with the proposed project and therefore determined that an EIR was required for this project. The City prepared a Notice of Preparation (NOP) which was distributed to the State Clearinghouse,Regional Clearinghouse,public agencies,and other interested parties on May 22, 1992. A notice of a public hearing for scoping purposes was also distributed to landowners with property adjacent to the project site. The purpose of distributing the NOP was to identify the range and scope of the environmental issues related to the proposed project so that these issues can be fully examined. A copy of the NOP and the correspondence received in response to it are contained in Appendix A. The EIR contains responses to pertinent comments raised in the correspondence. Additional scoping data was obtained from the initial study and from direction of the City of Palm Springs planning staff. Subsequent to the Draft EIR being circulated for review by public agencies and interested patties, the City of Palm Springs is required to prepare responses to the review comments on substantive environmental issues. These responses and the comments, along with the Draft EIR, official resolutions, public hearing records and other data introduced into the record will comprise the Final EIR. The City Council will ultimately determine the adequacy of the EIR prior to certifying the Final EIR as complete. After the EM has been certified,as "FINAL", the City will make a decision on whether to approve the proposed planned development district and proposed site plan. 2.2 Authorization Pursuant to Section 15040 of the California Environmental Quality Act(CEQA),public agencies such as the City of Palm Springs are authorized to use discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. The authority of the City of Palm Springs to require an EIR to evaluate the impacts Smith,Peron)&Fox,Panning Consultant;Inc.[Dl mber 19921 " r MY IDT!i" 9M SpThp MMWIR®CK MA1ViV1 D D V E11 01PLOM �llylll(y� of the Shadowrock Planned Development District derives from CEQA which states that "all 1 agencies shall prepare, or cause to be prepared by contract, and certify the completion of environmental impact report on any project they intend to carry out or approve which may have; significant effect on the environment" (Section 21151). Section 15041 of CEQA describes the city' authority to require changes in any or all activities involved in the project in order to lessen or avoi significant effects on the'environment. 2.3 Actions Required The actions under consideration include: 1) the approval of a Planned Development District (PDD) 2) Site Plan Approval; and, 3) Tentative and Final Maps for parcel division. The proposed actions subject to environmental review in this EIR involve a series of approvals whi may include the following: From the City of Palm Springs: a. Approval of a PDD (Case #5.0609-PD-224) b. Approval of a Development Agreement C. Approval of a Subdivision Map, d. Issuance of Building Permits. e. Issuance of Occupancy Permits. f. Assessment District or other infrastructure financing program. From the Bureau of Indian Affairs: a. Approval of Leases From the U.S. Fish and Wildlife Service: a. Section 7 Review - Stream alteration permit (concerning riparian corridors) b. Section 10a Permit - Removal of endangered species From the California Regional Water Quality Control Board: a. National Pollutant Discharge Elimination System (NPDES) Permit b. Waste Discharge Requirements (WDR) Permit From the California Department of Fish and Game: a. 1601 permit for construction by public agency adjacent to or across a blueline stream. b. 1603 permit for construction by private developer adjacent to or across a blueline stream. From the Army Corps of Engineers: a. Permit 404 for placement of fill in Waters of the United States, including wetlands. From the Riverside County Health Department: a. Permits for septic tank installation. Smith,Peron]&Fm4 Planning cmvmitanur Inc[December 1992] 2.2 my (DT III OPTLW Sffi[AD®WR®CK 1P1LAPMD DEVM(DIPM EW DWICIA CU From Riverside County Flood Control & Water Conservation District: a. Review of Flood Control Plans. The South Coast Air Quality Management District may review the City's consistency determination with the Air Quality Management Plan. 2.4 Proiect Setting 2.4.1 Location and Boundaries The site consists generally of portions of the San Jacinto Mountains and the alluvial plain of the Chino Canyon, located in Palm Springs. The City of Palm Springs is located in the northwestern portion of the Coachella Valley in Riverside County, California. The City is approximately 100 miles east of Los Angeles. Figure 2.1,Regional Map, shows the regional location of the City of Palm Springs. The project site covers approximately 1,100 acres, 331 acres of which is proposed for development, and is located 1.5 miles up Tramway Road in Sections 5, 6 and 8 of Township 4 South,Range 4 East on the USGS 7.5' Palm Springs, California Quadrangle. Figures 2.1 and 2.2, Regional Map and Vicinity Map, identify the project location and area boundary. 2.4.2 Physical Setting The site is situated on the upper portion of an alluvial fan emanating out of Chino Canyon, located immediately to the west. Elevations run from approximately 1,000 feet above sea level along the eastern property line to 3,424 feet in the extreme southwest comer of Section 8. The site includes mountains,steep hillsides,alluvial fan areas and Chino Creek. Chino Creek runs on the surface across the project site from west to east for approximately four to five months of each year, becoming dry by mid-summer. The Cienega Oasis, an unusually large permanent riparian area fed by a large permanent stream and Chino Creek, is a notable biological feature located outside but adjacent to the southwestern portion of the site. Refer to Figure 2.3, Site Characteristics, for a depiction of these features. Three plant communities dominate the project area including the Creosote Scrub, :he Desert Wash Community and a Riparian Community. Figure 2.3, Site Characteristics, identifies the location of these plant communities. The Least Bell's Vireo is found in the primary riparian habitat on the site and is listed as threatened by the federal and state governments. Other than the Least Bell's Vireo, no species listed as threatened or endangered by any governmental agency was found on the site in recent surveys. From a geologic standpoint, the site lies within the borderland area separating the Peninsular Ranges and the Colorado Desert geomorphic provinces of Southern California. The portion of the site proposed for development generally consists of moderately sloping land which slopes down from the southwest to the northeast, at a slope of about 6 percent. This relatively flat plain is bordered by steep mountainous terrain composed of hard granitic and metamorphic rock. Overall,the surface topography of the site is characterized by a southwest-northeast trending natural watercourse (Chino Creek), and steep mountains that generally occupy the perimeter areas of the site. Large boulders exist on much of the adjacent hillside terrain. Areas located immediately adjacent to the toe of these natural slopes are within a zone susceptible to rockfall(refer to Figure 2.3,Site Characteristics). Another important Smith,Perm[&Fox,Planning Consultants,Inc.(December IM] 2.3 T.L.. A..u.. san too Kit.. i5 0.maraino is m ez io ° al..n caoazon �a. ; Mcrongo Volley eamm�g m ti b is P.nls • Palm Springs m1 �p e H.mat India cog 115 To Riverside& .n ' St. Los Angeles Cp a is H Intersyote 10 o, onan Aw. Project Site s7 Palm � a Springs Tohemef Cathedral & Perris Idyllwild City Rancho ° 1;� ever r i 4 Mirage z 8 r0 ' Palm Desert 1 Indian III To Bfy e ; 74 Wells Indio Coachella or Phoenix''. La Qdnta 50" AV PLport ew P6' QoR° 86 coon �Inesto eam � Bp G° 371 74 m U �p m 111 p 195 F� i 79 Barrego 4 Springs 6Regional Map I�FOX SMITH, PERONI 2.1 i Not to Scale A, & FOX ------------------ ------------------27 , URINEC� z C 33� 34 z 11;T71 A AGUA CA JENTE U I1 DI'AN RES ATION TN �-VISTA-&HIN It- ir A C L �.2 z 0 dP' J U Z� IF r�21 J ALU / � I N r.Lk 17 L d .1',VA CALIENTE 2 f S A ITJnIj > LEGEND k Project Boundary ....... Area of Proposed Development GU I 2 27 Vicinity Map ffff♦w,PALM SPRING ,cA SMITH, WITH,PERONI&FOX PERONI 2.2 & FOX I�)ft_ Desert. i� LEGEND 'Low Wash P © Project Boundary Phpot P _, FEUER Toe of Slope J I Moderate Moderate.,_ Z. tM Waters of U.S.A. = Floodplain LOW = Existing Army Corps Levee f F NIN Moderate- F=q Primary Riparian Habitat %E�4 Secondary Riparian Habitat RM Desert Wash Moderate ROCKFALL POTENTIAL Low Low Risk Moderate Lo Modwafe Low to Moderate Risk Low to I- WOCIIIIFCTIG V" Moderate Moderate Moderate Risk Low 0;�,rzz��- ! to wfln Moderate to High RiskModerate n Moderat e to High Low t �,J Fit-' Community)I 1'�- '1� WAY ROAD 7 7) VIC'11 -1, L) k KEY MAP -4 Cienega Oasis Moderate ki '�FP7-1 yl 7-- A Moderate ffff �Wp_/ Site Characteristics mmmff=�FM SMITH, PERONI 2.3 & FOX 0 3W 6W 9W �I �Qy �f Il�u ffiQotr>� �II�IID�D�®� IPII.AF�IEIID IIDIE�IEII.cIDIPP9IEF3a IIDII�'II'ARIIQ"ll' aspect of the site's geologic setting includes areas of numerous to very abundant boulders up to several feet in dimension scattered over the surface of the site, created by deposition and erosion of the adjacent hillside terrain. There are no active faults known to traverse the site, however at least two major active faults are located in close proximity. The site is affected by surface runoff from several drainage areas within the surrounding San Jacinto Mountains. They include Chino Canyon, Nichols Canyon in Section 8 and a tributary canyon in Section 5. The streams running through these canyons are classified by the United States Geological Survey as blueline streams or"Waters of the U.S.A." (refer to Figure 2.3, Site Characteristics for the location of these waters). Waters of the U.S.A. are typically protected from disturbances from flood control and biological standpoints. Surface evidence shows that Chino Creek has overflowed its southern banks between the creek and the Army Corps' levee. A boulder field is evident in this area. The site also includes the uppermost 1,000' of the Chino Canyon levee, a facility constructed by the Army Corps of Engineers and maintained by the Riverside County Flood Control and Water Conservation District which serves to divert water from the historic alluvial fan areas and confine it to a channel which empties into the Whitewater River north of Highway 111. Thirteen archaeological sites, including six previously recorded sites were identified within the site. 2.4.3 Land Use and Circulation Tramway Road is the only access to the site. The road is a private roadway connecting the Aerial Tramway Terminal at the western end of Chino Canyon and State Highway I I I at the eastern end. It is a two-lane road with limited shoulder and no curb, widening to 4 lanes at its intersection with Highway 111. With the exception of the Army Corps' levee and Tramway Road the site is undeveloped. The City is encouraging development of the Chino Cone via its General Plan land use policies. Smith,Perml&Foa,Planning Commitments,Inc.[December 19921 2.7 RESOLUTION NO. 20639 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA COMMENTS AND RECOMMENDATIONS ON THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT PLAN WHEREAS, the City Council has reviewed the proposed Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (National Monument Act)and the Draft Santa Rosa and San Jacinto Mountains National Monument Plan and Environmental Impact Statement(National Monument Plan); and WHEREAS, the City Council has determined that the proposed National Monument Plan affects extensive areas within the City of Palm Springs including, but not limited to, mountainous property, alluvial fans, and valley floor; and WHEREAS, the City's General Plan has identified biological, scenic, and other environmental resources within and adjacent to the Santa Rosa and San Jacinto Mountains, which resources are a vital part of the City's world-wide reputation and appeal as a resort destination, and whose protection is vital to the City's future; and WHEREAS, the City has, by its own actions, acquired and set aside for preservation, conservation and recreational purposes more than 3,000 acres .of land within the boundaries of the National Monument; and WHEREAS, the City had a hillside zoning category for more than 20 years only allowing one unit per 20 acres, and has restricted development to protect hillside lands which form the City of Palm Springs urban growth limits adjacent to the San Jacinto Mountains; and WHEREAS,the City of Palm Springs has approximately 51 square miles of territory within and immediately adjacent to the boundaries of the National Monument, which is approximately 55%of the City, and is the municipality most affected by the proposed National Monument Plan; and WHEREAS, the City has approved certain resort development projects which have been in the planning process for more than ten years and is currently processing development permits for proposed projects which take advantage of the scenic and recreational opportunities of their sites and embody extensive environmental mitigation measures and which projects are a vital part of the City's economic future as a world-wide tourism destination; and WHEREAS, some persons have owned land with the National Monument boundary for many years,and their rights to develop this property have been specifically protected in the National Monument Act; and WHEREAS,the City Council is concerned that the National Monument Plan as proposed may have a significant impact on the City's economic future and on private property rights, and that prior to approval of the National Monument Plan certain changes must be made; and Resolution 20639 Page 2 WHEREAS,the City Council desires to work with the Bureau of Land Management to craft a National Monument Plan which offers significant protection of natural resources,enables public use of hiking and equestrian trails,and allows prudent and reasonable use of private lands for economic development; and WHEREAS,the City Council has held a public meeting on June 18,2003 for the purpose of receiving public comment and reviewing the proposed National Monument Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Springs, California that it recommends that the proposed National Monument Boundary Plan be amended to include the recommendations contained in Exhibit A. NOW BE IT FURTHER RESOLVED by the City Council that the City Manager and City staff are to workwith the Bureau of Land Management to craft a National Monument Plan which is consistent with the recommendations of the City Council of the City of Palm Springs. ADOPTEDthis 1&th'dayof dune 2003. AYES: Members Oden, Reller-Spurgim-and Mayor Kleindienst NOES: None ABSTAIN: None ABSENT: Members Hodges and Mills ATTEST: CITY OF PALM SPRINGS, CALIFORNIA /s/ PATRICIA A. SANDERS /s/ DAVID H. READY City Clerk �I City Manager Reviewed and Approved as to Form:' /O , i HEREBY CEKTIFY--T,H, AA�T//T'�HB OREGOING I5 A TRM COPY OF RESOLUTION Na.�=DULY ADOPTED BY TIIE Orly COUNCIL OF THE C'I `[p��,PALM SPRINGS IN A MEETING THEREOF HELD ON THE 12 "" LAY OF�r�3 DATED AT PALM SPRINGS,CALIFOR.NIA� 9iGAY OF CITY OF PAI.Irt SPk'INGB+tALIFORNIA Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: ES -3 The CVMSHCP will designate habitat conservation areas and establish a review 13 process for.issuance of take permits. Urban development may be permitted within preserve areas subject to findings. The portion of this paragraph stating "facilitating urban development outside the reserve system" should be revised accordingly. Revise pages 1-4. ES =4 Planning Criteria. The provision which clearly states that the plan does not affect private property needs to be added to this Section. See Section 2 (5) and (6) and Section 3 (C) and (E) of the SRSJMNM Act of 2002. This was a key issue in establishing this National Monument. See page 1-3, paragraph 3. FS - 9 General Plans developed by...Municipalities—A statement clarifying that the National ¶4 Monument Plan will have no force and effect on private land and that Municipal General Plans will not be affected by the National Monument Plan needs to be added to the Plan. Current language in the text implies that this is the case but clarification is needed. ES- 15 Preferred Plan: Biological Resources—Monitoring Program—Add"local agencies" to the second sentence. The City of Palm Springs owns approximately 3,000 acres in the Santa Rosa and San Jacinto Mountains and should be involved in monitoring and implementation programs. ES - 21 Support hang gliding prohibition. ES - 22 Support ban on recreational paint ball in National Monument. ES-27 The City supports ongoing efforts to evaluate and debate the issue of dog restrictions on trails within PBS environmental habitat. Any restrictions and/or closures must be based upon documented adverse impacts and ongoing monitoring is a preferred management strategy until sufficient information is available. Any restrictions or prohibitions should be limited to those absolutely necessary to protect PBS. ES -28 Support Alternative B ES - 30 The Strategic Recreation Plan should be based upon a primary premise that recreation, including hiking, equestrian, and other outdoor experiences, are the most important element of the National Monument. Any restrictions upon such recreation activities must be based upon documented monitoring of biological conditions. Any restrictions.or prohibitions should be limited to those absolutely necessary to protect Peninsular Bighorn Sheep. These comments are also made regarding Pages 2-21 and 2-22. Page 2 of 4 Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: ES - 35 Management Visitation...Private Property Concerns. The City supports ongoing voluntary collaborative efforts provided the BLM, in its decision-making process, underscores the fact that the management plan does not affect private lands. ES-36 Management of Visitation...Facility. Add a section which designates and encourages cooperative efforts and joint use facilities such as the Palm Springs Visitors Center. The City would prefer an even stronger statement, possibly a Specific Plan option similarto the Highway 74 Statement. The Highway 111, Palm Springs Visitors Center, may be the best opportunity to showcase the National Monument in the Coachella Valley. Future funding,and grant opportunities should be supported by a strong policy statement. ES - 39 Acquisition Strategy Criteria. The City of Palm Springs General Plan designates several areas within the Plan boundaries which are planned for urban development. Additionally, several of these areas have approved, private development or development permits which are currently being reviewed. These development areas are either private land or within the ACBCI reservation. Development potential in these areas was made known during the National Monument legislative process and contributed to the strong statement that the National Monument does not affect private land. The Plan needs to recognize this condition and the Plan should not be allowed to be used as a vehicle or tool to interfere in anyway with private land and private development opportunities which are consistent with local or county plans and programs. ES - 53 Scenic Resources. The Plan should acknowledge that there will be private development within and adjacent to the National Monument. This Section should include a statement that any such effect upon National Monument Scenic Resources are not covered, addressed, or regulated in any manner by the Plan. ES-62 BLM Land Tenure:Acquisition Criteria. Add to the end of#2 the following: "...and that acquisitions be consistent with the local agency's General Plan." 1 -7 1.0.1. Planning Criteria from the National Monument Legislation. See comments for page ES -4. Add this information into this Section. Page 3 of 4 Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: 1 — 11 The National Monument Act requires adequate access to non-federally owned land and further requires providing property owners reasonable use and enjoyment. Additionally, access for governmental services such as fire control, code enforcement, and monitoring need to be ensured. The National Monument Plan should include policies and programs to reopen Dunn Road to meet the intent of the National Monument Plan and for governmental services. Acquisition of rights of way to ensure that Dunn Road is reopened (closed in 2000) should be added to the Plan. As currently drafted, the Plan does not provide sufficient protection for the public to experience and enjoy recreational resources contained in the National Monument and adequate provisions for governmental and private property owner access to lands within the National Monument. 2 - 28 Management of Visitation, Facilities, Safety, and Uses — Private Property Concerns — Preferred Plan. The National Monument Plan needs to acknowledge and address private property development rights. The City General Plan allows private development within the boundaries of the National Monument. Areas where development is planned within the National Monument include the Northern Santa Rosa Mountains and the lower elevations of the San Jacinto Mountains including Chino Canyon. A new strategy should be added to this Section which clearly states the intent of Section 2 (5) and (6) and Section 3 (C) and (E) of the SRSJMNM Act of 2002. This new section needs to clearly state the rights of municipalities and private land owner to develop private lands within and adjacent to the National Monument. 2- 30 Add a new section "Management of Visitation, Facilities, Safety, and Uses —Visitor Use with Regard to Highway 111" — Highway 111 between 1-10 and Tram Way provides access to the desert floor and one of the most dramatic views of the National Monument. Opportunities for signage, visitor facilities, and other programs including cooperative grants with local, city, and transportation agencies should be considered. There is an opportunity to utilize and expand upon the new Palm Springs Visitors Center located at Highway 111 at Tram Way. 2 - 34 2.B.10. Acquisition Strategy — Preferred Alternative (2). The National Monument legislation included specific references to development opportunities rand potential. This Section needs to soften its tone(threat level)to meet the intent of the legislation. 2 - 82 3.Q. Socio-Economic Considerations — This Section should address private lands within the National Monument and the likelihood that they may be developed. The City of Palm Springs General Plan calls for development within several areas of the National Monument and areas immediately adjacent. The attached project descriptions and location maps are provided to assist BLM/USFS in preparing the additions to the Plan. Page 4 of 4 Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: 4 - 73 Population Trends and Tourism Growth and Impacts to Resources. This Section should be expanded to specifically reference proposed and approved projects located within and adjacent to the National Monument boundary. As currently written, the document does not disclose future development opportunities located on private property. This Section should also conclude that the National Monument Plan has no effect on private property and future development potential. Attachments: 1. Palm Hills Specific Plan 2. Shadow Rock Specific Plan 3. Canyon Specific Plan